Dickey

People v. Dickey

Bad Law
2005 Cal. LEXIS 5609·2005 Daily Journal DAR 5934·28 Cal. Rptr. 3d 647·35 Cal. 4th 884·111 P.3d 921
Supreme Court of CaliforniaMay 23, 2005S025519California17,529 words

Opinion

Opinion

Brown, J.

A jury found defendant Colin Raker Dickey guilty of the murders of Marie Catón and Louis Freiri, finding true special circumstances of felony-murder robbery, felony-murder burglary, and multiple murder. (Pen. Code, § 190.2, subds. (a)(3), (17)(A), (G).) The jury also found defendant guilty of first degree robbery with regard to each of the victims, and first degree burglary. At the penalty phase, the jury fixed the punishment for the murders at death. This appeal is automatic. (§ 1239, subd. (b).)

We affirm the judgment in its entirety.

I. Facts

A. Guilt Phase

1. The prosecution case

The murder victims were Fresno residents—Marie Catón, 76, and Louis Freiri, 67, a friend and boarder of Mrs. Catón’s. Their bodies were discovered by one of Mrs. Catón’s daughters, Lavelle Garratt. Mrs. Garratt or her sister checked on their mother every day, “[bjecause she was lonely, because she was our mother, because we loved her and we wanted to see her.”

Late in the afternoon of November 8, 1988, when Mrs. Garratt could not reach her mother by telephone, she drove to her house. She found Mrs. Catón on the floor of her bedroom, covered with a bloodstained blanket. Mrs. Catón had…

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